January 09, 2013 Articles

Changes to Oklahoma's Prelien Notice Requirements

The state legislature has made several statutory changes that are intended to clarify and simplify the requirements for prelien notices

by Gerald G. Stamper

The Oklahoma legislature has made several statutory changes that are intended to clarify and simplify the requirements for prelien notices. Delivery of a valid prelien notice is a condition precedent to the enforceability of a mechanic's or materialman's lien.  The applicable statutes are codified in OKLA. STAT. tit. 42, ยงยง 141-154 (2011).

Owner-Occupied Dwellings
 

All of the previous requirements for special forms, service, and acknowledgment of notices of  the possibility of a mechanic's or materialman's lien on property then occupied as a dwelling by the owner of the property have been repealed. A single form of prelien notice is sufficient for any commercial or residential property, with a few exceptions, such as oil and gas wells, mining property, and railroad rights-of-way.

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